9 PART III - LIABILITY OF NETWORK SERVICE PROVIDERS 9. Liability of network service providers (1) Subject to subsection (2), a network service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of an electronic record to which he merely provides access where such liability is limited to - (2) (3) (a) the making, publication, dissemination or distribution of such materials or any statement made in such material; or (b) the infringement of any right subsisting in or in relation to such material. Nothing in this section shall affect (a) an obligation founded on contract; (b) the obligation of a network service provider as such under a licensing or other regulatory regime established under any enactment; or (c) any obligation imposed under any enactment or by a Court to remove, block or deny access to any material. For the purposes of this section "provide access", in relation to third-party material (a) means provide the necessary technical means by which third-party material may be accessed; and (b) includes the automatic and temporary storage of the thirdparty material for the purpose of providing access; "third-party" , in relation to a network service provider, means a person over whom the provider has no effective control. PART IV - ELECTRONIC CONTRACTS 10. Validity of contracts No contract shall be denied legal effect, validity or enforceability solely on the ground that an electronic record was used in its formation.